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Continuation of Systemic Failures: from Cui Ning to Contemporary Wrongful Conviction Cases in China

Continuation of Systemic Failures: from Cui Ning to Contemporary Wrongful Conviction Cases in China The wrongful conviction of Cui Ning is a famous short novel first recorded in the Song dynasty. It tells of a story about the wrongful conviction and execution of two innocent people, Cui Ning and madam Chen. In this study, we pay particular attention to systemic failures that led to the miscarriage of justice in this case, including presumption of guilt, use of torture, improper influence of public opinion, lack of effective defense rights and appeal procedures, and lack of checks and balances within the criminal justice system. We further examine continuation of these systemic failures in four contemporary wrongful conviction cases including Teng Xingshan (1987), She Xianglin (1994), Nie Shubin (1995), and Huugjilt (1996). The continuation of these systemic failures provides important lessons to China’s contemporary criminal justice system. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Asian Journal of Criminology Springer Journals

Continuation of Systemic Failures: from Cui Ning to Contemporary Wrongful Conviction Cases in China

Hu, Ming; Liang, Bin
Asian Journal of Criminology , Volume 17 (Suppl 1) – Dec 1, 2022
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Publisher
Springer Journals
Copyright
Copyright © The Author(s), under exclusive licence to Springer Nature B.V. 2022. Springer Nature or its licensor (e.g. a society or other partner) holds exclusive rights to this article under a publishing agreement with the author(s) or other rightsholder(s); author self-archiving of the accepted manuscript version of this article is solely governed by the terms of such publishing agreement and applicable law.
ISSN
1871-0131
eISSN
1871-014X
DOI
10.1007/s11417-022-09388-1
Publisher site
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Abstract

The wrongful conviction of Cui Ning is a famous short novel first recorded in the Song dynasty. It tells of a story about the wrongful conviction and execution of two innocent people, Cui Ning and madam Chen. In this study, we pay particular attention to systemic failures that led to the miscarriage of justice in this case, including presumption of guilt, use of torture, improper influence of public opinion, lack of effective defense rights and appeal procedures, and lack of checks and balances within the criminal justice system. We further examine continuation of these systemic failures in four contemporary wrongful conviction cases including Teng Xingshan (1987), She Xianglin (1994), Nie Shubin (1995), and Huugjilt (1996). The continuation of these systemic failures provides important lessons to China’s contemporary criminal justice system.

Journal

Asian Journal of Criminology – Springer Journals

Published: Dec 1, 2022

Keywords: Wrongful conviction; Systemic failure; Cui Ning; Teng Xingshan; She Xianglin; Nie Shubin; Huugjilt

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